123STA T . 1 784PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9‘ ‘ (4)Atobac co pr o du ct sh a l l n otb em ar k eted i n combination w ith an y other article or product re g ulated under this Act (including a drug , biologic, f ood, cosmetic, medical de v ice, or a dietary supple - ment) .’ ’. (b) FD AA UTHORI T YOVE R T O BAC CO P RO D UCT S . — The Federal Food, Drug, and C osmetic Act ( 21U . S .C. 30 1etse q .) is amended— (1) by redesignating chapter IX as chapter X
(2) by redesignating sections 9 01 through 910 as sections 1001 through 1010; and (3) by inserting after chapter V III the following
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‘ CHAPTERIX— T OB ACCO PRO DU CT S‘ ‘ SEC.90 0. D E FIN I T I O NS. ‘‘In this chapter: ‘‘(1) ADDITIVE.—The term ‘additive’ means any substance the intended use of which results or may reasonably be e x pected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristic of any tobacco product (including any substances intended for use as a flavoring or coloring or in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding), except that such term does not include tobacco or a pesticide chemical residue in or on raw tobacco or a pesticide chemical. ‘‘(2) B RA N D.—The term ‘brand’ means a variety of tobacco product distinguished by the tobacco used, tar content, nicotine content, flavoring used, si z e, filtration, packaging, logo, reg- istered trademark, brand name, identifiable pattern of colors, or any combination of such attributes. ‘‘(3) CI G ARETTE.—The term ‘cigarette’— ‘‘(A) means a product that— ‘‘(i) is a tobacco product; and ‘‘(ii) meets the definition of the term ‘cigarette’ in section 3(1) of the Federal Cigarette L abeling and Advertising Act; and ‘‘(B) includes tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette or as roll-your-own tobacco. ‘‘(4) CIGARETTE TOBACCO.—The term ‘cigarette tobacco’ means any product that consists of loose tobacco that is intended for use by consumers in a cigarette. Unless otherwise stated, the requirements applicable to cigarettes under this chapter shall also apply to cigarette tobacco. ‘‘( 5 )CO M MERCE.—The term ‘commerce’ has the meaning given that term by section 3(2) of the Federal Cigarette Labeling and Advertising Act. ‘‘( 6 ) COUNTER F EIT TOBACCO P RODUCT.—The term ‘counter- feit tobacco product’ means a tobacco product (or the container or labeling of such a product) that, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a tobacco product listed in a registration under section 905(i)(1). ‘‘( 7 ) DISTRIBUTOR.—The term ‘distributor’ as regards a tobacco product means any person who furthers the distribution of a tobacco product, whether domestic or imported, at any 21USC387. 21USC3 9 1 ets e q . 21 USC 391 , 3 0 1 note , 392 a n d note, 393 – 399a.
